Justia Government & Administrative Law Opinion Summaries

The case involves two casino operators, PNK (Baton Rouge) Partnership, PNK Development 8 LLC, PNK Development 9 LLC, and Centroplex Centre Convention Hotel, LLC, who incentivize their patrons with rewards, including complimentary hotel stays. The City of Baton Rouge/Parish of East Baton Rouge Department of Finance and Linda Hunt, its director, discovered through an audit that the operators had not remitted state and local taxes associated with these complimentary stays for several years. The City argued that the operators needed to pay these taxes, while the operators presented various arguments as to why they did not. The City filed a lawsuit in state court, which the operators removed to federal court on diversity jurisdiction grounds.The operators' removal of the case to federal court was challenged by the City, which argued that the tax abstention doctrine (TAD) warranted abstention in this case. The United States District Court for the Middle District of Louisiana agreed with the City, finding that all five TAD factors favored abstention: Louisiana's wide regulatory latitude over its taxation structure, the lack of heightened federal court scrutiny required by the operators' due process rights invocation, the potential for the operators to seek an improved competitive position in the federal court system, the greater familiarity of Louisiana courts with the state's tax regime and legislative intent, and the constraints on remedies available in federal court due to the Tax Injunction Act.The United States Court of Appeals for the Fifth Circuit affirmed the District Court's decision. The Appeals Court found that the District Court had correctly applied the TAD and had not abused its discretion in deciding to abstain. The Appeals Court agreed that all five TAD factors favored abstention and that any doubt about the propriety of removal should be resolved in favor of remand. View "City of Baton Rouge v. PNK" on Justia Law

The case revolves around Deborah Strickland, an employee of the Department of Veterans Affairs (VA), who was suspended for 15 days without pay following a series of incidents involving her supervisor. Strickland appealed her suspension to the Merit Systems Protection Board (MSPB), claiming disability discrimination. The MSPB refused to consider the entire disciplinary decision after determining one part of the decision was correct. Strickland then appealed to the district court, which affirmed the MSPB's decision.The district court upheld the MSPB's decision and dismissed Strickland's Rehabilitation Act claims. Strickland then appealed to the United States Court of Appeals for the Fifth Circuit. The Court of Appeals found that the MSPB erred in refusing to review the VA's entire disciplinary decision and that both the MSPB and the VA erred by failing to analyze the non-exhaustive factors articulated in Douglas v. Veterans Admin. The Court of Appeals vacated the district court's and the MSPB's orders, reversed the district court in part, and remanded to the district court with instructions to remand to the MSPB for additional proceedings consistent with its opinion. View "Strickland v. Wilkie" on Justia Law

Barbara Harrison, a severely disabled individual, challenged the Texas Health and Human Services Commission's (HHSC) decision to deny funding for medical services she claimed were necessary for her survival. Harrison lived in a group home and received nursing services funded by HHSC’s program for providing home and community-based care to people with disabilities. However, when her condition deteriorated to the point where she required 24/7 one-on-one nursing care, HHSC determined that the cost of providing Harrison’s necessary level of care exceeded the cost cap set by the program. Harrison was therefore denied program-funded nursing services, meaning her only option for receiving government-funded medical care was to move to an institutional setting.Harrison challenged HHSC’s determination in court, arguing that HHSC discriminated against her because of her disability, in violation of the Americans with Disabilities Act (ADA) and the Rehabilitation Act, by denying her program-funded nursing services. The district court granted a preliminary injunction requiring HHSC to fund 24/7 one-on-one care for Harrison until she received a hearing on her request for general revenue funds. However, the United States Court of Appeals for the Fifth Circuit vacated the preliminary injunction and remanded for further proceedings, holding that Harrison was unlikely to succeed on her due process claim and had not demonstrated a likelihood of success on the ADA/Rehabilitation Act claims.After the case was remanded to the district court, Harrison submitted a new application to HHSC for 24-hour nursing care under the Program, the cost of which again exceeded the Cost Cap. HHSC determined that Harrison did not require 24-hour nursing care and that 5.5 hours of nursing care per day would be sufficient to meet her medical needs. The district court found that Harrison’s change in status— from receiving no Program funding to receiving some Program funding— mooted Harrison’s ADA/Rehabilitation Act claims. The court therefore dismissed them and then granted summary judgment to HHSC on Harrison’s due process claim. Harrison appealed this decision.The Fifth Circuit Court of Appeals affirmed the district court’s grant of summary judgment to HHSC on Harrison’s due process claim but reversed the district court’s dismissal of Harrison’s discrimination claims. The court found that the district court’s mootness determination was erroneous and that the factual record was still not sufficiently developed to support a judgment as to Harrison’s discrimination claims. The case was remanded for further factfinding and proceedings. View "Harrison v. Young" on Justia Law

The case involves Disability Rights Texas (DRTx), an advocacy organization for individuals with mental illness, and Houston Behavioral Healthcare Hospital (Houston Behavioral). DRTx sought to compel Houston Behavioral to disclose video footage related to the involuntary confinement of its client, G.S., who alleged abuse during his detention at the hospital. G.S. had signed a waiver allowing DRTx to access his records. Houston Behavioral initially cooperated with DRTx's requests for information but refused to provide the requested video footage, citing confidentiality regulations related to substance use disorder treatment.The United States District Court for the Southern District of Texas granted summary judgment in favor of DRTx and issued an injunction, compelling Houston Behavioral to disclose the video footage. Houston Behavioral appealed this decision.The United States Court of Appeals for the Fifth Circuit affirmed the lower court's decision. The court found that the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act) grants broad investigatory powers to organizations like DRTx, including access to "all records of any individual." The court held that the video footage requested by DRTx falls within the definition of "records" under the PAIMI Act. The court also found that the Health Insurance Portability and Accountability Act (HIPAA) does not bar the disclosure of such records, as the required-by-law exception in HIPAA permits disclosure when another law, such as the PAIMI Act, requires it. The court concluded that Houston Behavioral's refusal to provide the video footage violated the PAIMI Act. View "Disability Rights Texas v. Hollis" on Justia Law

In 2017, Terry Bevill, a captain of the Quitman Police Department, signed an affidavit supporting a motion to transfer venue in a criminal case against his friend and former colleague, David McGee. Bevill's affidavit alleged potential bias in the local justice system, including personal relationships between the sheriff, the district attorney, and the presiding judge. Following an investigation, Quitman Mayor David Dobbs terminated Bevill's employment, concluding that Bevill's affidavit violated two police department policies. Bevill filed a lawsuit claiming First Amendment retaliation and conspiracy to retaliate against him for his speech.Previously, the district court denied motions to dismiss the case filed by Sheriff Castloo, District Attorney Wheeler, and Judge Fletcher, who claimed qualified immunity. The United States Court of Appeals for the Fifth Circuit affirmed this decision. Now, the same court is reviewing the district court's denial of the defendants' motions for summary judgment.The court affirmed the district court's decision. It found that Bevill spoke as a citizen on a matter of public concern when he submitted his affidavit. The court also held that Bevill's interest in his speech outweighed the government's interest in the efficient provision of public services. The court concluded that Bevill's constitutional rights were clearly established, and the defendants were not entitled to qualified immunity. The court also held that District Attorney Wheeler was not entitled to prosecutorial immunity. The court noted that it lacked jurisdiction to review the district court's finding that there was sufficient evidence for a jury to infer that the defendants conspired to terminate Bevill's employment in retaliation for his speech. View "Bevill v. Wheeler" on Justia Law

Darion Benjamin Woods pleaded guilty to damaging the property of a foreign official in the United States. Woods and his co-defendant broke into the British Consul General’s family home in Houston, Texas, stealing various items and causing over $50,000 in damages. Woods was arrested and charged with one count of damaging property occupied by a foreign official. He pleaded guilty without a plea agreement. The presentence investigation report calculated Woods’s Guidelines imprisonment range at 12 to 18 months. Woods objected to the report, seeking a two-level reduction for acceptance of responsibility.The district court awarded Woods’s requested two-point reduction for acceptance of responsibility and calculated the Guidelines range at 8–14 months. However, the court varied upwards and sentenced Woods to 30 months in prison. The court concluded that this sentence was necessary to satisfy the 3553(a) factors and to protect the community given Woods’s prior criminal history. The court also ordered Woods to pay $56,636.15 in restitution and imposed a 3-year term of supervised release. Woods timely appealed, arguing that his above-Guidelines sentence is substantively unreasonable and that the condition in the written judgment that he must “refrain from the excessive use of alcohol” conflicts with the oral pronouncement that “while in the program, he’s not to consume alcohol excessively.”The United States Court of Appeals for the Fifth Circuit affirmed the district court's decision. The court found that the district court did not abuse its discretion in sentencing Woods to 30 months in prison, which was above the Guidelines range. The court also found that the written condition of supervised release that Woods must "refrain from the excessive use of alcohol" conflicted with the oral pronouncement that "while in the program, he’s not to consume alcohol excessively." The court modified the sentence to reflect that while Woods is in the drug-treatment program, he’s not to consume alcohol excessively. View "United States v. Woods" on Justia Law

The case involves Thryv, Inc., a company that had a dispute with the union representing some of its sales employees. The union complained to the National Labor Relations Board (NLRB), alleging that Thryv engaged in several unfair labor practices. The NLRB agreed with the union and ordered Thryv to take significant steps to remedy the alleged violations. Thryv petitioned the United States Court of Appeals for the Fifth Circuit for review.Previously, an Administrative Law Judge (ALJ) ruled in favor of the NLRB's General Counsel in part and Thryv in part. The ALJ agreed with the General Counsel that Thryv failed to respond to the Union’s information requests, constituting six unfair labor practices. However, the ALJ disagreed with the General Counsel that Thryv’s layoffs violated the National Labor Relations Act (NLRA), finding that Thryv had bargained in good faith.The NLRB affirmed the ALJ’s finding that Thryv violated the NLRA by failing to comply with the Union’s information requests. However, it disagreed with the ALJ about the layoffs and held them unlawful. The NLRB held that Thryv had an obligation to bargain with respect to the layoffs and that Thryv breached that obligation by presenting the layoffs as a fait accompli and withholding information from the Union that the Union needed to bargain effectively.The United States Court of Appeals for the Fifth Circuit granted Thryv’s petition and vacated the NLRB’s order in part. The court disagreed with the NLRB's conclusion that Thryv's layoffs violated the NLRA. The court held that Thryv was permitted to implement its last best, final offer (LBFO) upon reaching an impasse with the Union. The court found that Thryv complied with the terms of the LBFO, which included providing the Union with thirty days’ notice before initiating layoffs, providing the Union an opportunity to discuss the layoffs, and offering severance payments to the affected employees. Therefore, the court concluded that Thryv's layoffs were lawful so long as Thryv and the Union remained at overall impasse on the date the layoffs occurred. The court also enforced the NLRB’s order requiring Thryv to cease and desist from failing and refusing to furnish the Union with requested information that is relevant and necessary to the Union’s performance of its functions as the collective-bargaining representative of its employees. View "Thryv v. National Labor Relations Board" on Justia Law

The case involves MCR Oil Tools, L.L.C., who filed a petition for review against the United States Department of Transportation, its Secretary Pete Buttigieg, the Pipeline and Hazardous Materials Safety Administration, and William S. Schoonover in his official capacity as Associate Administrator of Hazardous Materials Safety. The petition was filed in response to an order from the Department of Transportation.The case was brought before the United States Court of Appeals for the Fifth Circuit. Prior to this, the case had been reviewed by the Department of Transportation, but the details of the lower court's proceedings and decisions are not provided in the document.The United States Court of Appeals for the Fifth Circuit granted the petition for review. The court decided to expedite the matter to the next available randomly designated regular oral argument panel. Additionally, the court ruled that the motions for stay pending review and for administrative stay should be decided by the argument panel. The court carried these motions with the case, consistent with their panel practice. However, the court did not express any opinion on the disposition of these motions. View "MCR Oil Tools v. United States Department of Transportation" on Justia Law

The case involves a challenge by the Sierra Club to the pre-construction permits issued by the Louisiana Department of Environmental Quality (LDEQ) to Commonwealth LNG, LLC for its planned liquefied natural gas (LNG) export facility. The Sierra Club argued that the facility’s emissions would exceed National Ambient Air Quality Standards (NAAQS) and that LDEQ failed to require Commonwealth to use the best available control technology (BACT) to limit those emissions.Before the United States Court of Appeals for the Fifth Circuit, LDEQ argued that the court lacked jurisdiction to hear the case, asserting that the claim arose under state law, not federal law. However, the court found that it had jurisdiction to review the petition because when LDEQ issued the permit, it was acting pursuant to federal law, not merely state law.On the merits, the court found that LDEQ did not act arbitrarily in its use of significant impact levels (SILs) to calculate which pollutants will have an insignificant effect on the NAAQS. The court also found that LDEQ did not act arbitrarily in its use of AP-42 emission factors to determine potential emissions from an LNG facility that has not yet been built. Furthermore, the court held that LDEQ did not violate its public trustee duty under Louisiana law, which requires LDEQ to evaluate and avoid adverse environmental impacts to the maximum extent possible.The court denied Sierra Club’s petition for review and affirmed LDEQ’s permitting decision. View "Sierra Club v. Louisiana Department of Environmental Quality" on Justia Law

The case involves Elliott Sterling, who was convicted for engaging in a fraudulent scheme to obtain loan and grant funds from the Department of Education’s Federal Student Aid Program. Sterling submitted fraudulent applications on behalf of students, both real and fictional, and also committed fraud in connection with his educational consulting business. He was indicted for multiple counts of wire fraud, financial aid fraud, and engaging in monetary transactions involving property derived from specified unlawful activity. Sterling chose to represent himself during the trial after his request for a new counsel was denied.The district court found Sterling competent to waive his right to counsel and allowed him to proceed pro se in his defense. After a 9-day jury trial, Sterling was convicted on all counts. He was sentenced to 132 months of imprisonment, followed by a 3-year term of supervised release. Sterling appealed, raising several Sixth Amendment claims.The United States Court of Appeals for the Fifth Circuit affirmed the district court's decision. The court found no merit in Sterling’s procedural or substantive challenges. It held that Sterling's waiver of counsel was clear, unequivocal, and voluntary, and that he was competent to represent himself at trial. The court also found that the district court did not err in allowing Sterling to represent himself at his own competency hearing, and that the district court's determination of Sterling's competence did not constitute an abuse of discretion. View "United States v. Sterling" on Justia Law